State Police update won't enforce magazine limit after court ruling

Published 10:17 pm, Thursday, March 27, 2014

The official State Police guide for enforcing the NY SAFE Act gun control law has been amended to allow more than seven rounds in a weapon — at least for the time being.

The decision follows a December court ruling that struck down the seven-round limit, but prompted questions about whether that change applied to the entire state or not.

That's led to an update to the guidelines that police are supposed to follow when enforcing the 2013 law. "New PL section 265.37 had made it a crime to load any magazine with more than 7 rounds of ammunition, regardless of the capacity of the magazine," reads part of the guidelines.

But, they continue, "the Court held that this section, 'Unlawful Possession of Certain Ammunition Feeding Devices,' was unconstitutional. As a result of the Court's decision members are instructed not to enforce PL 265.37 at this time.''

Skretny, from the state's Western District, upheld most of the NY SAFE Act, including its expanded ban on the sale of assault-style weapons and a mandate that those who currently own the newly classified weapons must register them.

But Skretny concluded that the seven-round limit was "tenuous, strained and unsupported," and knocked down other minor provisions due to bill drafting errors that rendered portions of the bill "indecipherable."

The State Police wouldn't comment on the new guidelines, saying they were for internal use. But State Police Superintendent Joe D'Amico during budget talks earlier in the year mentioned that they wouldn't enforce the seven-bullet limit while it's being appealed. Gov. Andrew Cuomo reiterated that recently.

NY SAFE Act opponents are appealing most of Skretny's decision, while the state is also appealing to restore the seven-round limit, Cuomo spokesman Richard Azzopardi said.

Owners of newly classified assault weapons who are grandfathered in are supposed to register them by April 15. Numerous Second Amendment groups are calling on gun owners to refuse to comply, and several have staged ceremonial burnings of registration forms.

Additionally, opponents are scheduled to travel to the Capitol on Tuesday for a rally. Featured speakers will include the real estate magnate Donald Trump and Carl Paladino, who ran unsuccessfully for governor against Gov. Andrew Cuomo in 2010. Trump recently pulled out of this year's gubernatorial contest despite the entreaties of Paladino and others.

The updated State Police guidelines aren't the only change to the law since it was signed just days into the 2013 legislative session.

The Times Union in October reported background checks for ammunition buyers, initially scheduled to start in January, had been delayed amid reports the state hadn't set up a database to track sales. It's still not operational.

Bill Nojay, a Rochester-area Republican assemblyman who has been an outspoken NY SAFE Act opponent, said Tuesday's rally will give voice to the anger among gun owners over the registration rule.

"The primary theme of the Tuesday rally will be, 'We are citizens, not subjects,'" Nojay said in an email. He believes as few as 10 percent of owners of assault-style weapons will register them — not many more, perhaps, than the licensed dealers who are subject to inspections.

The State Police has refused to say how many have registered, arguing even raw numbers from the database are exempt from disclosure.

Cuomo administration officials have noted statewide polls show most New Yorkers agree with the law. A Siena College survey earlier this month showed support across the state was 63 percent, with 32 percent opposed.

Geography played a role in the Siena poll's findings: A slim majority of upstaters oppose the law, although it is very popular downstate and in New York City.